chasing the suspects through the streets of texas and it's all caught on tape. your "new day" starts right now. >> announcer: this is "new day" with chris cuomo, kate bolduan and michaela pereira. good morning. welcome to "new day," t to the gif. halloween took it out of me. 6:00 in the east. coming up, a case that does not make sense. kendrick johnson, the 17-year-old found dead rolled up in a wrestling mat at school ten months ago. it was ruled an accident but cnn has stayed on this story from the beginning because there are simply too many questions not enough answers. the federal government now says it will investigate the case. we will lay out the issues for you. be prepared for a very different flying experience. the faa says you can now or soon will be able to use many of your electronic devices during takeoff and landing. the question this morning, is

there any lingering safety concern or did we ever really need to turn them off to begin with? we look into it. >> a terrifying scene, a school bus overturned after it plunged off a bridge into a creek. school children were inside that bus. thankfully nobody was seriously hurt. we're going to hear from one of the kids about that harrowing experience, coming up. we'll begin this morning with what's expected to be a rough morning for many of you along the northeast. the monster storm system that tore into a big part of the country on halloween is moving east. check out the torrential rains, flooding central texas. some areas seeing more than a foot of rain. emergency crews scrambling into action, evacuating dozens of people, stranded in their cars and homes. meteorologist indra petersons is tracking it for us this morning. where's it going? >> as you just mentioned, chris, there's heavy rain with that. they had 150 reports of wind damage and 5 reports of tornadoes, both in louisiana and illinois.

a massive storm moved through the midwest overnight, wreaking havoc on halloween for millions and leaving at least two people dead in its path. heavy rain and strong winds as high as 40 miles per hour toppled tree after tree, even flipping these semis on their side in missouri. at least ten structures destroyed in northern arkansas. in central texas, more than 1,000 homes were evacuated as rivers and creeks overran their banks. the national weather service reported month are than a foot of rain across the area. emergency life boats and helicopters rescued dozens stranded on rooftops. >> water came too fast. there wouldn't have been time to get the people out of the houses. >> reporter: hundreds of homes and cars left partially submerged. >> if they don't know how to cross that water, it will get you in the ditch. >> reporter: in austin, rushing waters flooded the roadways. most drivers played it safe -- >> okay, here we go. >> reporter: while others dangerously navigated through streets overtaken by floodwaters. >> we're pushing them out. >> reporter: even pushing vehicles stalled by the rapid currents.

the city's iconic downtown statue up to its waist in water symbolizes the immense power of this halloween storm. as this large cold front moves east, packing wons as high as 60 miles an hour, it may snarl air travel and cause major headaches in cities up and down the i-95 corridor. >> we showed you the storm damage in the mid-atlantic and the midwest. we see the spread even farther into the northeast today. look at the wind advisories and high wind warnings we're expecting in the northeast and mid-atlantic. also travel delays will be a big concern. also severe thunderstorm watches are going to be up in the mid-atlantic today. definitely powerful thunderstorms still in the forecast, especially in the morning hours. as far as rain, though, not as strong. 1 to 2 edges of rain farther down towards the southeast and 1 inch of rain spreading through the northeast. again, that system won't be a big rainmaker. the bag change we'll be talking about is huge temperature drop as we go through the weekend, temperatures, their highs will be into the 40s in the northeast

by the weekend. that's rough, chris and kate. >> times are changing. temperatures are changing at least. thanks so much. we get to washington with surprising news now revealed from the 2012 campaign trail. it seems top obama aides secretly considered dumping vice president biden from the re-election tick net favor of hillary clinton. the bombshell coming from a new book quoted in "the new york times." brianna keilar has been looking into all of this. talk about setting washington abuzz this morning, brianna. >> reporter: it sure is, kate, already. former top aides to the president are clashing over whether this even happened. but this new book confirms what was once only speculation, that an obama/clinton ticket was a real possibility for 2012. in the spotlight, a president united with his vice president the year before his re-election. >> my outstanding vice president, joe biden is here. >> reporter: but behind the scenes with obama's prospects

for a second term in doubt, top aides reportedly considered replacing biden with hillary clinton on the 2012 ticket. >> how serious were they looking into having hillary clinton be the vice president? >> it was serious enough that it was intentionally polled and focus grouped. >> the president didn't know them about polling and doing focus groups. >> very possible. joe biden didn't know, certainly. >> reporter: acoulding to the in the in the, that's one of the explosive revelations in the new book double down where mark halperin and john heilman said biden dodged a bullet he never saw coming and never would know anything about, if the obamans saw it coming. >> they don't spend the money unless they were seriously exploring something. it was only known about a half dozen of the top obama senior advisers. >> reporter: including then chief of staff, bill daly.

>> he confirmed reporting in the book saying it was for his due diligence as chief of staff to explore the possibility of what hillary on the ticket would mean for president obama in 2012. >> reporter: despite clinton's popularity, biden stayed on the ticket. >> they concluded after this polling and focus groups that she wouldn't add a substantial effect. she would have helped but not so much that it was worth dumping biden. >> reporter: obama's 2008 campaign manager, david plouffe, who worked in the white house in 2011 denied the report, never a consideration, not even entertained by the only person who mattered or most of us. another bombshell in the book, the romney/ryan ticket was almost a romney/christie ticket. the new jersey governor was on mitt romney short list not once but -- >> twice. >> the reason it didn't go much farther? >> he had christie on the first

short list. he crosses his name off. he's leaning towards paul ryan. >> reporter: romney's advisers pressured him to reconsider chris christie. in the end there were two obstacles. christie couldn't keep his day job and fund raise due to new jersey law and the book says he wasn't as forthcoming in the vetting process as other candidates. now, beth meyers, a long-time aide to mitt romney said to the "new york times" that chris christie complied fully in the vetting process but when you look at what "the new york times" is reporting about this book, the unanswered questions just kind of go on and on, about a defamation lawsuit against the governor from earlier in his political career as well as the names and documentation of his household employees. as well as information about his medical history. there's even more than that, chris. >> boy, oh, boy, that book probably going to sell for those who love the inside game. >> i think so. >> brianna, have a good weekend. i'm sure i'll see you again in the show. a major new step in an

investigation into a mysterious death. 17-year-old kendrick johnson was found dead inside a rolled up gym mat at his high school. his death was ruled an accident. his parents say he was murdered. there have been odd things here with evidence collection and autopsy that doesn't make sense, organ removal, all of this has made the family insist the case be reviewed. they've now gotten their wish. cnn's victor blackwell has been investigating the case for months. as you know, there's an expression among investigators, clarity in process gives confidence in conclusions. hasn't been the case here. i know that's what's driven your interest. now a big step. what do we think? >> and the u.s. attorney says he has worked meticulously over the last four months so that the johnsons would have confidence in the process. you know, the johnsons in about three hours go back out to a street connor in downtown valdosta with victims and signs that read, what happened to kendrick johnson, they will

know, for the first time in months, that law enforcement, no less than the fbi, is actively working to get an answer to that question, too. >> no justice. >> reporter: after months of rallies and protests, an announcement that the family of kendrick johnson hopes will lead to what they cnsider to be justice. >> at this time, however, i am of the opinion that a base exists for my office to conduct a formal review of the facts and investigation surrounding the death of kendrick johnson. >> reporter: u.s. attorney michael moore supported by the fbi will soon head to valdosta, georgia to conduct a federal investigation into the death of 1-year-old kendrick johnson. >> i will follow the facts wherever -- wherever they lead. my objective is to discover the truth. >> hallelujah! >> thank you, jesus. >> thank you, jesus! >> reporter: kendrick's grandmother watched at announcement on a portable tv on the street corner where the

family continues its eight-month sit-in, demanding answers. >> i'm so happy and i know we trust in the lord and we just had been down here rallying for 32 weeks for nothing. >> reporter: the johnson family never believed the local sheriff's explanation that kendrick suffocated after squeezing his 19 inch shoulders to reach for a shoe in the middle of a school day. >> his parents have always maintained that their son was killed. the only question we want to know so why they are covering up for whoever killed their son. >> i believe, indeed, that he was murdered. >> do you have any idea who may have murdered him? >> no, i don't. that's what we wanted to get the truth. >> reporter: cnn has been reporting on this case for months, uncovering details of the sheriff's investigation. like why these shoes found yards from kendrick's body were not collected as evidence. and how this blood stain got on this wall in the gym and why

investigators never found whose blood it was. >> you don't believe there was a thorough investigation by local authorities, mr. johnson? >> no, i don't. >> reporter: in a statement to cnn, the attorney for the county sheriff ace office writes in part, while they have every confidence that his officer's investigation was handled with the necessary diligence, he welcomes the u.s. attorney's further review of the case. on wednesday, a judge ordered lowndes county sheriff's office to hand over its full investigative file, including never before seen surveillance video from inside the gym where kendrick died. >> we have to continue to fight on until justice is done for k.j. >> reporter: let's look forward over the next couple of days, towards monday. there could be a couple more major developments in this story. first, the attorney for the sheriff's office is working on a way to transfer the hours and hours, maybe 2,000 hours of

surveillance video from in and around the gym to some type of dvd or hard drive to deliver it to the johnsons and cnn as a result of a lawsuit. second, the coroner said in the next day or so with the emphasis or so, he'll make an announcement about his decision to open an inquest. that inquest could change the official cause of death from accident to homicide which could then open a local investigation into what happened to kendrick johnson. chris, kate? >> that would be a huge step for this family and in this case, obviously, victor. thank you so much. thank you so much for all of your reporting, doggedly chasing this down for months now. >> yes. >> that's great. let's get over to michaela. headlines, here we go making news, the launch of the obama care website looked even worse from the inside. this according to an internal memo from a war room meeting released by house republicans, revealing that after day one, healthcare.gov had only six successful enrollments. by the end of day two, 248

insurance enrollments. the health and human services spokesman says the notes are not official data. ten children from kansas, very, very lucky to be alive this morning. their school bus taking them home from school thursday suddenly plunged off a bridge flipping on its side and into the frigid waters of the creek below. the children all managed to climb out through a hatch and were safely rescued from atop the bus. >> a couple kids were yelling and a couple kids were crying. i thought i was beginning to die. >> what was going through your mind. >> that i would never ever see my grandma again. >> the child is still trembling. none of the children were injured, thankfully. the bus driver was trapped for more than an hour. a federal appeals court restoring most of texas's controversial new abortion restrictions, just days after a lower court judge ruled they

were unconstitutional. that decision means at least a dozen clinics will have to stop performing abortions immediately. the law requires doctors to have admitting privileges at a nearby hospital. the texas attorney general calls the ruling a vindication of the law. cause of death, undetermined. that from utah's chief medical examiner testifying at the murder trial of dr. martin macneill. this is a blow to prosecutors who claim macneill drugged his wife and drown her in a bathtub so he could be with his mistress. today, the state plans to call inmates macneill met in prison who claim he admitted to them that he killed his wife. is holiday shopping on your mined? walmart is already out to get a jump on black friday and cybermonday. they're kicking off their online deals today, people. that is a full three weeks before the traditional black friday. that seems crazy, doesn't it? not so much when you consider

thanksgiving falls on the 28th. there are six fewer shopping days this year. they're pushing it up. making my anxiety rise. >> six fewer? >> six fewer. >> good. >> i understand where you're going with it but people make hay while the sun shines. >> less is more when it comes to shopping. >> you know how shoppers are. >> still i will shop on the very last day. >> i agree. >> are you a last-minute shopper. >> nothing like a deadline. >> less is more. coming up on "new day," going above and beyond, a police officer seriously hurt, chases down the person who shot her, a remarkable story. we'll bring it to you coming up, video of it. get ready to leave your phones, tablets on when you take to the skies. the faa says it will soon be okay to use certain electronic devices during takeoff and landing but was it ever necessary to make them be turned off in the first place? >> slow clap. i'm tony siragusa and i'm training guys who leak a little,

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welcome back to "new day." listen to this. tray tables will still have to return to their upright position but the faa is loosening rules on the use of portable electronic devices which will make the skies a little bit friendlier on your next flight. christine romans has the details. can i get an amen? have i been asking for this? >> i'm telling you -- >> have i said this is justice in the world of the sky. >> anyone who has flown with rowdy children are praising the lord this morning that they'll let them to continue to look at curious george or whatever they're watching. this is a big change. it means probably by the end of the year you'll be able to use

your device on takeoff even. here's what you can use, tablets, laptops, e-readers. cell phones must be in airplane mode. wi-fi, blue tooth accessories. it's not okay to be chatting on your cell phone, however. that is what's really important for me. the moment when we're all talking to people on a plane is a very, very bad day. that is not going to happen. so basically wi-fi is enabled above 10,000 feet. above 10,000 feet you'll be able to use wi-fi, send e-mails, do work and all that. when you're taking off and landing, they might have you stow, two things and an e-reader, you may have to stow one of the things in front of you. >> was there ever a real safety concern. >> the faa does make this point, in certain circumstances you will be asked to turn it off in flight. >> do they tell you what those

are. >> that circumstance is in some instances of low visibility. it's about 1% of flights they'll tell you that landing systems may not be proven to be as they call them p.e.d. tolerant, personal electronic device tall ron -- tolerant. >> how soon can we expect these changes? >> probably by the end of the year. i'm guessing by the end of the year. major airlines have been moving in this direction and hardening up communication systems for new planes for some years now, knowing this day could come. >> they knew it was coming. >> they were hoping it was going to come. >> the cell phone thing is a should, not a could. it's not you can't talk in flight because that messes with the communications, it's an etiquette issue right now? >> it is wrong to do it because it would irritate me very badly. >> i think that's what they're saying also. from the beginning i believe these are more etiquette things.

we've been asking these for years. it's right there with me about seats in the upright position. >> i think you need that. >> the safety aspect in takeoff and landing, don't the flight anded itta attendants want your attention. >> don't say they mess up and everybody will die if they use it. >> maybe there is an issue. >> why would they make the change? >> did we create more questions than answers? >> it's a "new day." >> it's a "new day." >> when you fly in the skies. >> thanks, christine. >> you're welcome. >> welcome change. thank you. be sure to join christine romans on "your money" tomorrow at 9:30 a.m. and 2:00 p.m. eastern. so nice you see it twice here on cnn. we'll to you a quick break on "new day." when we come back, we have the story of a police officer jumping into action even though

she was seriously hurt. shot in the face during a traffic stop, still, chases down the gunman, yes. >> doesn't even sound possible. >> also this ahead, it is being called the ultimate case of facebook stalking. the social network is making moves to keep an even closer eye on you if it's possible, when you login. we're going to talk about it, coming up. [ male announcer ] pepcid® presents: the burns family bbq. guys, you took tums® a couple hours ago. why keep taking it if you know your heartburn keeps coming back? that's how it works. you take some tums®. if heartburn comes back, you take some more. that doesn't make any sense. it makes plenty of sense if you don't think about it! really, honey, why can't you just deal with it like everybody else? because i took a pepcid®. fine. debbie, you're my new favorite. [ male announcer ] break with tradition, take pepcid® complete.

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welcome back to "new day." making news this morning, a massive storm system wreaking havoc for parts of the country. it dumped more than a foot of

rain in central texas, prompting dozens of dramatic rescues and evacuations. near austin, two men were killed when they were swept into rushing floodwaters. scores of cities from kansas to tennessee postponed halloween until today. israeli warplanes attacking a military base in syria this week. this information coming from the obama administration, though israeli officials will not confirm it. they say israel targeted missiles and other military equipment they fear could have been given to hezbollah militants in lebanon. the appeals court criticized the earlier judge's conduct and removed her from the case. the ruling puts off a battery of changes for the police department and postpones the planned use of a monitor to oversee reforms of stop and frisk practices. the fbi investigating an apparent security threat that forced the united express flight to be diverted to phoenix. the commuter plane with 47

passengers aboard was headed from san francisco to san antonio when it was forced to land at sky harbor airport yesterday afternoon. bomb squad, police dogs all searched the plane. they found nothing suspicious and passengers resumed their trip several hours later. bankcy bidding adue to the new york area with balloons. the anonymous british graffiti artist ended his month-long residency on the streets of new york. his final piece, he called this an inflatable throwup on the long island expressway. he also wrote, that's it, thanks for your patience. it's been fun. i add banksy out. he didn't say that. >> it's a perfect ending. thanks. >> no problem. listen to this story about what a cop fought through. a texas police officer takes two bullets at point blank range while approaching a car with three men inside.

seconds into it, literally shot in the face, then bleeding and in severe pain, the mother of two, which may be the key to her resilience, sets off after the suspects. cnn's pamela brown joins with us this story. i mean, didn't matter how much i tell. i can't give it away. it gets more and more amazing. >> there's dash cam video that shows everything taking place after the horrific incident this woman went through. it was supposed to be a routine traffic stop and it turned into a near-death experience for this police officer. that did not stop her from bravely embarking on a high-speed police chase. it was captured on dash cam video. she's pleading with the public to help find who men who are still on the loose. >> shots fired, shots fired, i'm hit. >> reporter: this dramatic dash cam video shows the terrifying moments after stafford police officer ann made a routine traffic stop at 4:00 a.m.

a passenger suddenly pulls out a gun and shoots her twice, according to police. >> i'm still conscious. >> reporter: one bullet hit her police vest, the other pierced her face, wounded and in serious pain, police say she managed to return fire before getting back in her car and pursuing the suspects in a high-speed car chase. >> we went over greenbrier on to trainty. >> despite her injuries, a former marine chased the suspects for seven minutes through the streets near houston. >> i was born to be a protector. i always have been a protector. >> i was shot by the driver's side passenger. >> reporter: ending when the three men in the car ran into an apartment building. the alleged 21-year-old shooter, surgio rodriguez was taken into custody. police say the other two men on the run are 28-year-old freddie enriquez, a suspected gang member and a man who goes by the name daniel cruz. >> other officers rushed to her

aid. look closely and you can see where the bullet went straight through her cheek. she was rushed to the hospital and is recovering at home with her family. >> i just want to give myself some time to relax and kind of feel the beauty of life that i was blessed to have. >> she certainly deserves that. in fact, incredibly, she was well enough to go trick or treating with her kids last night. meantime, there's a $10,000 reward for each of the wanted men. if you have any information, you're asked to call the crime stoppers of houston. kate? >> pamela, thank you so much. let's go "around the world" starting in saudi arabia where an online video is drawing rare criticism for showing an employer beating his servant. moham mohamed jamjoom has details.

>> you see this person being beat, all because he thinks the servant has spoken to his wife. they are investigating, hoping to capture the abuser and put him on trial. they say they also want to find the worker and help him. back to you, kate. >> thank you so much. in russia, nsa leaker edward snowden is starting a new job. diana magnay has details from moscow. >> edward snowden starts a new job, tech support his lawyer says for a major russian website. we don't know which one but there's one that seems most likely, the russian version of facebook. it made snowden a very public job offer a few weeks back. it's the only major site who hasn't denied hiring him and it's recently launched a highly encrypted messaging system to protect user privacy. it sounds like a good fit but this is still guesswork. kate. >> thank you. in china, if you've ever had trouble opening a got of beer,

you'll feel for these guys, trying to do it with a helicopter. monita rajpal explains. >> the best helicopter pilots have been showing off amazing skills in the skies. you might think it would be easier to open this beer bottle by hands but these teams at the tournament clearly relevant itch a challenge. pilots had eight minutes to open five beer bottles perched on poles above the ground without breaking them, the idea being it would test the pilot's skills in handling helicopter maneuvers. the winner managed to flip the caps off three gots, no doubt earning himself a well deserved drink. kate, back to you. >> that is impressive. monita, thank you. >> foamed it up, though. >> it was probably not a drinkable beer afterward. >> the helicopters, you have altitude and pitch, roll and yaw to control on a helicopter all at once. you never think about that.

>> and it's a beer bottle. >> delicate hand. >> it is. coming up next on "new day," it is a real bombshell, the reported revelations in a new book that vice president biden might have been dropped during the re-election campaign. john king will be here to explain in our political gut check coming up. do you ever team like facebook is watching you? the big brother thing? guess what, you may be right. it may be the new reality. the company has a proposal that could have you logging off if you don't like people tracking where you go. ♪ i'll be watching you back pai. hey pam, you should take advil. why? you can take four advil for all day relief. so i should give up my two aleve for more pills with advil? you're joking right? for my back pain, i want my aleve. once wrote something on a sheet of paper and placed it in his factory for all to see. ♪ four simple words where the meaning has never been lost. the challenge always accepted.

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tonight is the night. macklemore. welcome back to "new day." indra petersons has the forecast for us.

it stung a little bit. we're looking at that big storm that went across the country. we're still looking for light showers as it exits off the eastern seaboard. ahead of that, light rain in the southeast. really keep in mind even currently we have severe thunderstorm watches up. that is for philly right now. west of d.c. what are we talking about? winds as high as 70 miles per hour. that is still in the forecast today. as the system has made its way out of the midwest and progressed into the region. we're talking about winds as high as 50, 60 miles per hour. high wind watches into the northeast and all the way through, it looks like, the carolinas here today. gusts 55 for buffalo, new york city, 36 miles per hour. all this in the forecast and notice the difference here. look at all the warm, moist air now that it's made its way up into the northeast. you felt it going out the door this morning. quiet on the western side of the country. that's kind of the change. keep in mind you'll enjoy the nice air for a day. couldn't the them, one, two, three cold fronts will make

their way through the area and with that temperatures will drop significantly. by the end of the week. i mean, just take a look at these temperatures, new york city today, 71 degrees. the average for this time of year, should be 59 degrees. by sunday, you are dropping down for a high of 48 degrees. same thing, boston 45. d.c., dropping as your high on sunday. that means your overnight lows will be in the 20s and 30s. kate? >> thanks so much for that update. time now for the political gut check of the morning. was joe biden nearly pushed off the 2012 presidential tick net favor of hillary clinton? the reported revelation in the new book from the authors of game change. john king is here to break it all down for us. game change created waves through washington, double down will likely do the very same, john. it was rumored, speculated in the months leading up to the election. what do you make of this? biden out, hillary in and so much more. >> the three cold fronts you spoke of will be moving into the

room just before the vice president sits down with his next private lunch with the president. remember the reporting at the time, you said things like of course they'll look at this. ra you have to go back at a time when it wasn't a sure bet the president would win re-election. lo and behold, this book shows they did have focus groups and did do polling they were saying they were just studying it. you can bet the vice president will have a private chat with the president. if you look at the president's political standing right now, you can probably bet as secretary clinton reads this book, she's probably happy it didn't happen. >> the timing of the book release, i think is pretty interesting. do you think it will have any impact? we still haven't read the full book, it isn't even out. >> these books come out six months, a year, sometimes even more after a campaign. washington loves reliving and

rye l relitigating the last campaign. that's what we do. we learn about chris christie and his temper at the romney campaign. that won't matter assuming governor christie wins re-election as we suspect. the most scintillating detail is how much detail they went into studying the joe biden question. washington will pour through this book. it turns out he couldn't name the top five guys helping him raise the money for re-election as it says in the book. hollywood has the kardashians, we have campaign books. >> exactly. just as juicy it seems. i want to ask you about the chris christie consideration for vice president. as brianna put it earlier, the unanswered questions according to this book went on and on and on for the governor. >> we should be careful to not say there are huge questions. according to the book, they put him on the list, then they said never mind. late in the process, governor

romney said let's go back and take a vet of chris christie. there were questions about personal finances. what we don't know is were they rushing and couldn't answer those questions or could they not find the answers to those questions? that's something that no doubt, now that the book is out, governor christie will read it. if there are questions he has to answer, his team will say let's put things out. reporters in new jersey and washington are going to look at what's in the book, try to figure out exactly what those questions were an double down to borrow a phrase in trying to answer them. >> they came out -- this all came out late yesterday. how are folks reacting to it? already getting pushed back from obama's advisers. how are other people reacting. >> the vice president's team will study this, reporters and people -- it's the washington water cooler chatter if you will is enlightened by this. what you want to do, david plouffe is the one most forcefully pushing back from the campaign saying it was never seriously considered, dumping

joe biden. bill daly who was the chief of staff at the time who admits forcefully pushing to do the research, say they never got near the trigger point. of course we were going to study these things. this is the kind of things that fascinates washington. you want to look back and study every last detail of the last campaign, sometimes for gossip, sometimes for fun. sometimes for our own version of reality television and sometimes to learn important lessons as you move on to the next campaign about the people, the personalities and how these things work. >> it's going to be an interesting read for sure. john, great to see you. thanks so much. >> good morning. thank you. >> i like it for the deceptive answers we get, we never, ever thought that, not the person at the top nor most of us. whoa, that's different than no, no, no. that's d.c. culture there also. let's take a break on "new day." when we come back, there's been a lot of talk about our privacy online and who's snooping, is it right or wrong? facebook has a new plan they want to do with all their users.

that may really shock you. we'll tell you what it is. and take a look at this little guy. he doesn't have a problem being small. our must-see moment. talk about a tenacious rodent. (dad) just feather it out. that's right.

(son) ok. feather it out. (dad) all right. that's ok. (dad) put it in second, put it in second. (dad) slow it down. put the clutch in, break it, break it. (dad) just like i showed you. dad, you didn't show me, you showed him. dad, he's gonna wreck the car! (dad) he's not gonna wreck the car. (dad) no fighting in the road, please. (dad) put your blinker on. (son) you didn't even give me a chance! (dad) ok. (mom vo) we got the new subaru because nothing could break our old one. (dad) ok. (son) what the heck? let go of my seat! (mom vo) i hope the same goes for my husband. (dad) you guys are doing a great job. seriously. (announcer) love a car that lasts. love. it's what makes a subaru, a subaru.

♪ one way or another i'm gonna find you ♪ >> good music choice again on the part of our producers.

facebook plans to track your movements through your mouse. yes, facebook could be stalking you. here with more, brett larson, host of "techbytes." >> they made this admission themselves. >> yes, they did. >> it's not like we had to do digging to find this out. we all have concerns about the privacy on facebook. >> yes. next thing you know, picks of you at a party are all over the web. >> how are they doing it? >> they'll be tracking where your mouse is on the screen. they know what you like, places you've gone, who your friends are, every website you've gone to. now they add to that mix where your mouse is on the page. >> what do they gain? >> you could walk away and the mouse is frozen you didn't

necessarily intend it to be. >> the game strategy, tell me if i'm right on this, they can go to advertisers and say this area of the screen is where these types people spend most of their time. >> that's absolutely what they want to do. they say it's going to help us build a better usic experience because we'll know where your mouse goes. >> mouse movements are accidental. >> if you still have a corded mouse your mouse slides by itself. >> also for advertisers, they can say people are hovering on your ad but they're not clicking on it. we're going to charge few yore that. there's that potential. >> interesting. >> if you step back and look at it, if you're freaked out about, facebook knows everything about me. they have pedabytes amounts of information, that's way, way, way, into the data collection.

this they say we want to know how you're using our site. >> speaking of user to the site, the ceo says they're seeing a decrease in the number of teen daily usage. >> yes. >> kids are finding new ways and sites to use on social media. is this a sign of things to come for facebook? >> definitely it is a concern. i think a big reason teens are not using it is they have restrictions on their accounts. also their parents are on there. you don't want to be on a social network when your parents are on it. it's not cool anymore. teenagers like things that are cool. their numbers are on the decline. now they have to make money off of all of us. >> do they say what they're trying to do to stop decline. >> they have not said what they're going to do to try and stop that other than they're going to make the site easy to use and more interesting. the takeaway is i'm seeing more

advertisements and they have less and less to do with anything i'm interested in. >> it's true. >> which is always shocking to me. you know i live in manhattan. i don't have a car. >> they'll either acquire something or if there's like a spinoff version of this that's a faster one, more discreet one. >> right. >> there's limited duration, that will appeal to the senses of the younger -- >> how they picked up instagram. >> brett larson, appreciate it. >> i want you to stick around for the must-see moment. how do you feel about rodents. >> not very well. >> check out this squeaker. trying to get that cracker over the ledge, she jumps, she falls, she drops it. she jumps, she falls, she drops it. she doesn't give up, people. >> i feel like they might have had a mouse problem before and might have wanted to attract them. >> that's foot a pop tart.

>> it's a small mouse, smaller cracker. >> i'm thinking it's a keebler house cracker. what do they call those? >> great inspiration for us today, don't give up. keep after that cracker. >> anyone still creeping you out? it's still creepy. >> if it ran across the floor i'd have a different opinion, even if it had the cracker. i'm like i don't want it now. >> keep it, keep it, keep the cracker! >> mouse in the house, never good. we'll give you a break. check around the house, make sure everything is okay and come back. we have a provocative question for you. was president obama close to dumping the vp, close to dumping joe biden in favor of hillary? there's a book that says they were looking into that. major news? could it impact the next three years? we'll go through it. we're staying on top of this story, a georgia family finally gets the investigation they have been asking for and demanding nearly ten months after their son's mysterious death in a high school gym.

the latest on this mysterious death, ahead.

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the faa announced that airline passengers can start using cell phones and ipads during takeoff and landing. in related news, everyone was already doing that. but thank you for your permission. >> why weren't they checking to make sure we did, which i never did turn it off. i'll see how far i can take it. next time i fly i'm going to bring an air hockey table with me. >> very pretty snow white. >> i didn't hear the joke. i was staring at the costume. >> surprising and entertaining. >> if you're around the water

cooler and need to have something to say about football, you have a great one from the miami dolphins last night that may have saved their season against the cincinnati bengals. a walkoff safety. what's that? let's ask joe carter. he's here with this year's bleacher report. i don't remember when something like this happened. tell us. >> we've seen an actual game end in overtime on safety three times in the history of the nfl. it's halloween night. we did not expect a normal ending to a football game. you know, i have point out on any other night, this would be the highlight of the game. cincinnati running back giovanni bernard, the dude lit up twitter with this crazy long run. it goes in the books for 35 yards but he actually runs for more than 100 yards for the score. this is the play that won the game, the play that most people will be talking about today. it happened in overtime. cameron wake sacks andy dalton. it's being called a rare walkoff sack safety. the third time in nfl history that a game would end in an

overtime safety. the dolphins love playing on halloween. they are a perfect 6-0 when they play on halloween night. trending this morning on bleacher report.com, we're calling him the little dunker that could. josh coy is only 5'8" and the dude has big ups. the 360 dunk from way out in the pain the. this guy plays a division ii adams state university, colorado. this video was shown in the preseason dunk contest. his nickname, air nigeria. the guy is only on the jv team. get him a varsity jersey already. kobe bryant looks forward to today's payday. he'll see a deposit in his bank account for $24 million. his contract calls for a balloon payment, 80% of his salary gets paid up front. his entire salary for the season is just over $30 million. he's the highest played player in the nba. the remaining 6 million will be

paid out over the course of the season. the black mamba gets over 24 million up front, his agents very happy. >> do you have any idea -- back to the little dunker, what his vertical is? >> it's got to be really high. i have no idea. but apparently he's a one-show pony. the guy is on jv. maybe he can't dribble. all he can do is dunk. >> that's enough to get you on national television. off two feet, too. got to be over 40 inches. >> over 40? >> we'll check it. thanks, joe. we're at the top of the hour which means it's time for the top news. monster storm wreaks havoc on halloween night, leaving at least two dead. the big switch. president obama reportedly considered replacing joe biden with hillary clinton as he ran for re-election. how real was the option, though?

we have all the new details. accident or murder, federal authorities now say they will investigate what happened to 17-year-old kendrick johnson. cnn has been pushing for answers from the very beginning. your "new day" starts right now. >> announcer: what you need to know -- i believe indeed that he was murdered. >> announcer: what you just have to see. ♪ >> announcer: this is "new day" with chris cuomo, kate bolduan and michaela pereira. good morning and welcome back to "new day." it is friday, november 1st, 7:00. that's in the east. coming up this morning, rain and powerful wind gusts making for a rough start for many of you along the east coast. look at the video. the monster halloween storm system is still dangerous and on

the move. let's get the latest. >> this system is expected to move into the east with a lot of heavy rain. look at all the damage it brought yesterday. over 150 reports of wind damage, five roars of tornados in louisiana and illinois. a massive storm moved through the midwest overnight, wreaking havoc on halloween for millions and leaving at least two people dead in its path. heavy rain and strong winds as high as 40 miles per hour toppled tree after tree, even flipping these semis on their side in missouri. at least ten structures destroyed in northern arkansas. in central texas, more than 1,000 homes were evacuated as rivers and creeks overran their banks. the national weather service reported more than a foot of rain across the area. emergency life boats and helicopters rescued dozens stranded on rooftops. >> water came too fast. there wouldn't have been time to get the people out of the houses. >> reporter: hundreds of homes and cars left partially submerged. >> if they don't know how to cross that water, it will get you in the ditch.

>> reporter: in austin, rushing waters flooded the roadways. most drivers played it safe -- >> okay, here we go. >> reporter: while others dangerously navigated through streets overtaken by floodwaters. >> we're pushing them out. >> reporter: even pushing vehicles stalled by the rapid currents. the city's iconic downtown statue up to its waist in water symbolizes the immense power of this halloween storm. as this large cold front moves east, packing winds as high as 60 miles an hour, it may snarl air travel and cause commuter headaches in major cities up and down the i-95 corridor. this storm is making its way into the northeast and mid-atlantic. we have severe thunderstorm watches for philadelphia and the rest of the morning. just west of d.c. we're looking at another watch box. still the potential for winds as high as 70 miles per hour. notice we still have wind advisories. we can see strong winds up into the northeast and stretching down even in through the carolinas today. strong winds even as high as 50

miles per hour. will be felt by many of you. even this morning we're seeing gusts as highs a30 miles per hour. 1 to 2. >>s of rain still possible. further down towards the southeast. tapering if you see an inch as you make our way into the northeast. really the strong winds especially in the morning hours. next story will be, will be the temperatures dropping as we go through the weekend. we'll be talking about temperatures with highs just into the 40s by the time we get through sunday. chris? >> all right, indra, thanks for that. we have tasty inside political scoop for you. top obama aides apparently considered knocking vice president joe biden off the re-election ticket and replacing him with -- that's right -- hillary clinton. this acoring to a new book on the campaign, obtained by "the new york times." the reporter who wrote this story, jonathan 345martin is standing by. first, the latest from brianna keilar. >> reporter: it says that they

spent good money on polls and focus groups, in the end deciding against the switch because the bump wasn't enough to warrant such a dramatic shift. you're already seeing former top obama aides clashing over whether this even happened. although former chief of staff bill daly did confirm to the "new york times" which first revealed this -- the information about the book that this did happen. now another bombshell, just how close new jersey governor chris christie came to being mitt romney's running mate. he was, we learn in the book, on the short list, not once but twice. in the end discounted for a number of reasons but one of big ones was because he didn't provide enough information in the vetting process, including documentation about his household employees and medical history among other things. we also get the skinny on top senate democrat harry reid's allegation against mitt romney that he hadn't paid taxes in ten years. this was very damaging at the time although it turned out to be untrue. where did that come if?

the book says it came from john huntsman sr., the father of romney's republican political rival. long-time rival, chris -- kate. sorry. >> lots to talk about. jonathan marten is a national political kpon for tcorrespondee new york times." he wrote about these revelations. great to see you. >> good morning. >> lots of revelations in this book that you got the sneak peek on. there were rumors, speculation about biden out, clinton in. how seriously do you get the sense that they took this, even bill daly was looking into it. >> i spoke with bill daly yesterday on the phone. he was the chief of staff at this time. this is the fall of 2011. what he told me was that he and a handful of top aides were concerned about the president's prospects at that point. his poll numbers were really plunging and they were looking at options to try and bolster his re-election going into that

year. and -- so i think they put it in polls, they put it in focus groups. campaigns don't spend that kind of money unless they're looking at something seriously. the question that's unanswered is did president obama know about the sort of backstage effort. >> what was your sense on that? i know you asked about it. >> he said he wasn't sure that obama might have figured it out but he wasn't positive himself. now, what he emphasized is that there was no biden plot which is to say we have to get rid of joe, it was more our numbers are not really good right now, ho do we stabilize that and could she help the cause? what they ultimately figured out after doing polling and focus groups she would help but not enough, not enough to dump biden. >> what do krogh make of david plouffe, top adviser to the president said this in a tweet, of course, never any, any consideration of vp/hrc switch. not even entertained by the only person that mattered.

or most of us. >> david plouffe, according to the book, knew about this plotting. he is very familiar with what was going on. and, yes, i think he's parsing a little bit. they were looking at what having hillary clinton on the ticket would mean politically. does that necessarily mean they were planning to dump biden? >> okay. >> there's a bit of distinction there. >> but daly -- >> what did he say about the motivation of coming out? >> he was being candid. i was chief of staff. it was my due diligence to figure out how to improve our prospects. >> a lot of big things coming out of this book. also, chris christie being considered as vice presidential candidate with mitt romney. ultimately they went with paul ryan. i want to ask you why but also the fact that it seemed that there were a lot of unanswered questions. >> right. >> the line in the back is fascinating. the dossier on the garden state governor's background was littered with potential land mines. >> he was twice considered, twice scratched off.

mitt romney was zeroing in on paul ryan. at the last second gave christie a second look because he would have offered so much to the ticket in the eyes of some of his top advisers. ultimately, the romney folks did not get enough information, background information from chris christie's office. and there were unanswered questions. there's a memo in this book from the romney vet team, the folks that were vetting all their prospects for vp. the memo says five issues where if we pick christie, must get more information on. >> that's a big risk. >> that was the risk. romney operating his entire process with the last campaign in mind. he did not want a repeat of john mccain and sarah palin. he didn't want to have the first month or two weeks of his rollout being filled with stories and questions about the background of his nominee. he thought the safer pick was paul ryan. what's interesting, yesterday when i asked governor christie's

office about this, instead of responding to me, they got the head of the romney vp search team to send me an e-mail saying all good with christie. which tells you something about christie's future i think and how some in the party view christie. >> that tells us a lot. that's just the tip of the iceberg on this book. >> more in there, especially about the john huntsman campaign. his father was the source for the harry reid rumor about mitt romney not paying taxes for the last ten years. >> i remember chasing harry reid around capitol hill trying to tell us the source of that. >> it was senior. >> fascinating. thank you so much. let's get back to michaela for the rest of the headlines this morning. making news, house republicans say only six people signed up for health care on the first day of the launch of the obama care website. that in notes from a war room meeting now released showing by the end of day two, the site received 248 insurance

enrollments. the health and human services spokesperson says the notes are not official data on enrollment. those are scheduled to be released later this month. a harrowing ordeal and narrow escape after a school bus plunged off a low bridge and into a frigid, fast-moving creek. it happened in douglas, kansas, 30 miles southeast of wichita. the bus winding up partially submerged on its side in the water. the children managed to escape through a hatch before help arrived. >> a couple of kids were yelling and a couple of kids were crying. i thought i was going to die. >> what was going through your mind. >> that i would never, ever see my grandma again. >> none of those children were injured but obviously traumatized. the driver is being treated for hypothermia. investigators believe he might have run into standing water before hydroplaning into that creek. big tech firms demanding tougher laws to stop

intelligence agencies like the nsa from breaking into their data centers. facebook, google, apple, yahoo! microsoft and aol all demanding greater transparency in surveillance programs. the annual new york city marathon taking place on sunday, race officials say unprecedented security will be in place. of course this is in response to the boston marathon bombings back in april. federal authorities and the nypd are treating this event as a potential terrorist target. the marathon course covers 26.2 miles across the city's five boroughs. check out this trick play gone viral. sherwood high, oregon taking on putnam high. it decided to have fun with the play they call the wrecking ball. the kicker stopping short to pass it to an open man in the end zone. notice this guy is hopping along, lineman hops off the field. kind of running on all fours.

the wrecking ball. not sure why it's called that. >> that's what i was waiting for. >> i'm not sure. >> because of the guy rushing the line. >> it's gone viral. >> good play. >> there you go. >> deceptive. coming up on "new day," federal prosecutors are now on the case. re-opening the investigation into the death of a georgia teenager. big questions, was it really an accident? was it murder? the first and most important question, was it investigated properly? we'll tell you about it, straight ahead. plus, we've heard about the dangers of sexting. a big group of teenagers are now facing criminal charges for the pictures police say they sent around. much more on this, ahead. p our country in the lead. ♪ load! we keep moving to deliver what you need. and that means growth, lots of cargo going all around the globe. cars and parts, fuel and steel, peas and rice, hey that's nice! ♪ norfolk southern what's your function? ♪ ♪ helping this big country move ahead as one ♪ ♪ norfolk southern how's that function? ♪

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welcome back to "new day." federal prosecutors are stepping in to investigate the death of a 17-year-old high school athlete found inside a rolled up gym mat. police had said it was a freak accident but his parents call it foul play. cnn's victor blackwell has been investigating the story for months and he's in macon, georgia for us this morning. >> the johnson family will stand on a street corner in downtown valdosta with pictures and signs that read what happened to kendrick johnson? this morning will be different. this morning they know that the u.s. attorney wants an answer to that question, too. when he comes to valdosta, he's not bringing signs. he's bringing in the fbi. >> no justice! >> reporter: after months of rallies and protests, an announcement that the family of kendrick johnson hopes will lead to what they consider to be justice.

>> at this time, however, i am of the opinion that a base exists for my office to conduct a formal review of the facts and investigation surrounding the death of kendrick johnson. >> reporter: u.s. attorney michael moore supported by the fbi will soon head to valdosta, georgia, to conduct a federal investigation into the death of 17-year-old kendrick johnson. >> i will follow the facts wherever -- wherever they lead. my objective is to discover the truth. >> hallelujah! >> thank you, jesus. >> thank you, jesus! >> reporter: kendrick's grandmother watched the announcement on a portable tv on the street corner where the family continues its eight-month sit-in, demanding answers. >> i'm so happy and i know we trust in the lord and we just had been down here rallying for 32 weeks for nothing. >> reporter: the johnson family never believed the local sheriff's explanation that kendrick suffocated after squeezing his 19 inch shoulders into the 14 1/2 inch center of a

rolled gym mat to reach for a shoe in the middle of a school day. >> his parents have always maintained that their son was killed. the only question we want to know, is why are they covering up for whoever killed their son. >> i believe, indeed, that he was murdered. >> do you have any idea who may have murdered him? >> no, i don't. that's what we wanted to get the truth. >> reporter: cnn has been reporting on this case for months, uncovering details of the sheriff's investigation. like why these shoes found yards from kendrick's body were not collected as evidence. and how this blood stain got on this wall in the gym and why investigators never found whose blood it was. >> you don't believe there was a thorough investigation by local authorities, mr. johnson? >> no, i don't. >> reporter: in a statement to cnn, the attorney for the lowndes county sheriff's office writes, in part, while they

assured that all leads were examined and exhausted, he welcomes the u.s. attorney's further review of the case. on wednesday, a judge ordered lowndes county sheriff's office to hand over its full investigative file, including never before seen surveillance video from inside the gym where kendrick died. >> we have to continue to fight on until justice is done for k.j. >> reporter: at the start of business in just a couple of hours, a tech expert will get back to work trying to retrieve hundreds of hours of surveillance from those surveillance cameras. about 48 hours from each of 40 cameras in and around the gym where kendrick died will be retrieved and handed over to the johnsons and cnn as a result of a lawsuit that johnson filed and cnn joined. for the tech savvy people it's about a terabyte of data. it's taking some time to transfer that. >> let's bring on cnn legal analyst jeffrey toobin.

it's great to have you. >> that's a big problem here. you have two questions. how was this handled and what really happened? the problem is dealing with the first is going to obscure getting the answer to the second. >> yes, in time. time is a big factor here. this murder -- this death was almost a year ago. going back to try to find evidence of what happened almost a year ago is going to be very difficult. the gym, of course, has been used for all that time. those shoes were in the photograph, long gone. the blood on the wall, long gone. so to try to reconstruct the evidence is a big, big challenge. >> silver lining is, if it were a homicide, it could be that just someone shaking the right bushes can get people to talk and we don't know if that has been done. let's deal with that. when you look at it, everyone said from the beginning who understands forensics and investigations, this doesn't seem right. >> right.

>> why? what wasn't handled right here and is that a fair assumption? >> the evidence collection on the scene, we don't know if all the relevant people were interviewed. look at the surveillance video we have. you see kendrick walking into the gym with kids shooting baskets. were those kids spoken to? do we know who was in the gym or who saw him last? all of that is something you can at least tray to reconstruct now. then there's the whole other chapter of how his body was treated after he died. the funeral home apparently -- this is where the story gets bizarre and distasteful -- apparently took the organs out of his body, discarded them and filled his body with newspaper. first of all, that's an improper way to handle a dead body. but it also will damage the investigation, because some of that -- the parts of the body could be relevant in how he died. >> have you ever heard of that being done as a protocol. >> i have never heard of that

being done. i think it's improper. i have heard that funeral homes operate with absence of scrutiny and there's bad stuff that goes on but this is pretty appalling. >> as the family made its efforts, they've been doing a sit-in for weeks and weeks, the urgency has been consistent, they got push back from the sheriff's office? fair point? you can have this, you can't have the video. you would think if you say, we looked at it, this was an accident, you'd give them everything they could. >> that's not how law enforcement people think. first of all, they don't like being second guessed or giving up their evidence. they don't like not being in control of all their evidence. it is not at all surprising that a relatively small town sheriff would say to a family, we know better than you. i think the real tribute to kendrick's family is they kept at it. they were out there every day. they cooperated with the news media. frankly, i think victor in particular deserves a lot of

credit for pursuing the story the way he did and eventually they got a further investigation. >> everybody wants to jump to the idea of whether or not it was an accident or homicide. you think the big determination from the federal authorities here is whether or not this was done in good page? >> not really. i think mostly we want to know how he died. >> we want to know that but do you think for them, the determination most likely will be how the investigate was handled? >> right. for starters they will want to know how the investigation was handled and that is something that is always worthy of scrutiny. but i think ultimately why we all care about this case is we want to know how he died and whether someone killed him. >> the people like victor blackwell who have been on it, this is a situation where the media can help. this is worth being a pest about. >> you know, we don't always do a good job. this is one we can really be proud of. >> long way to go. thank you for the analysis. always a pleasure. have a good weekend. >> you, too. >> what do you think the relevant questions are? do you think this is being pushed in the wrong direction?

use #newday, tweet us. the dangers of sexting. dozens of teens are facing charges for sending pictures and resending them to friends. the details on that is coming up. also, a hunt is on in san diego for a man who turned on a bus driver, hitting him with pepper spray. i got this. [thinking] is it that time? the son picks up the check? [thinking] i'm still working. he's retired. i hope he's saving. i hope he saved enough. who matters most to you says the most about you. at massmutual we're owned by our policyowners, and they matter most to us. whether you're just starting your 401(k) or you are ready for retirement,

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welcome back to "new day." here are some of the stories making news at this hour. powerful, dangerous winds expected again today from the great lakes stretching up the northeast coast a day after

heavy, heavy rains hit the nation's midsection killing two in texas. new york city, philadelphia and boston all said to season bad weather. winds snapped tree limbs and power lines. there will be a house hearing on benghazi, much more detail is expected. the officers were at the scene that night. some members of congress have been pushing to hear their stories. the hearing is expected the week of november 11th. within the next couple of months you will be able to use your computer, tablet or smartphone during takeoff and landing. the faa relaxing rules about electronics during flights. you won't be able to make calls or send texts you have to ep coup the phone on airplane mode. you can play games, listen to music or work on the powerpoint presentation. delta and jetblue have applied to use the new rules. police in san diego for a

man caught on camera pepper spraying a bus driver. the man you see dressed in a jack-o'-lantern t-shirt apparently began harassing passengers. he was asked to get off the bus. he then walked to the front and sprayed the driver. remember yesterday we told you about fashion designer karl lagerfeld's controversial comments about plus size models? these are available in sizes ranging from 6 to 20. according to huff post style, 57% of american women buy size 16 or higher. likely they will relate better to some of these-month-olds. a follow-up to yesterday's conversation. >> i like that. it was good to follow on it that way. there's a book out, it has

things that people in politics don't want us to know, at least that's what the authors of the book say. there's an allegation that the obama campaign was looking at replacing joe biden with somebody else. that's what the book claims. that he was nearly dropped from the 2012 ticket and replaced with the woman that you see on your screen, also known as hillary rodham clinton. there were rumors that chris christie almost became mitt romney's running mate. >> the book is "double down" by mark halperin and john heilemann. this has the juiciest tidbits. it tells the back story of what went on during these elections. as you alluded to in your intro, what this says is that the obama team looked into what it would mean if they replaced joe biden with hillary clinton. did they almost replace joe biden with hillary clinton? i think that's a stretch.

they did the due diligence to find out what it would mean if she was on the ticket and what they found was that while it might help, it would not help enough to overcome the political firestorm that it would create. it's not the first time that an election team -- >> it's par for the course, is it not. >> there was a quayle moment that was a part of the '92 campaign. cheney asked bush to dump him. he said i considered it for a while and decided it wasn't worth it. this happens. >> we were talking to jonathan martin about it, i asked him, how serious is a serious consideration? how seriously did they take it? or are they focus grouping everything? because they're in the middle of looking at poll numbers that are not so good at the moment. he said you don't put it to the polls. you don't pay for big focus

groups, put that kind of money to it unless you are taking it seriously. >> that's half true, okay? there's a lot of money in politics because they use a lot of money. one of the ways they use, they test everything, message, look, they test where they should be and where they shouldn't. they definitely test who they should be with. the interesting part that, i don't know, maybe is in the book, maybe isn't, i'll have to give halperin a call. what did hillary's people say to them that may have distracted that process. sometimes you don't go down the road that you know will have a bad end. >> the question i have is hillary clinton better off that this didn't happen? we see this administration that's under fire, under such intense scrutiny. she's kind of gotten her hands clean now. she may want to run in 2016. think about if she had gotten on the ticket and was vice president right now and was in the middle of this. >> i can't help but wonder if this is something to file under a nontroversy, just to sell a

book. the end of a material. it gives you an opportunity to look at it, rejigger. it's a restart point. of course you're going to consider that. can we be doing better? is there a different way we should go for the next four we're ye years? >> i don't think there's anything that's a nontroversy. >> i think this is a juicy-troversy. >> the chris christie thing speaks to just that. >> chris christie definitely speaks to that. i don't feel like reading the accounts of this and doing the reporting back then. the fact that he was on the short list twice, which is what this book reports, romney considered and he fell off the short list and some aides said consider him again. it shows there were people inside that wanted him to be the choice. the body language isn't like

romney ever wanted it. >> the value to you at home in listening to this, even if you don't care about politics, the intrigue that gets d.c. types going, we'll have jay carney on today. listen to how he answers the questions about this. this never happened. at least the person at the top and most of us, no, never. it is an answer you will never accept on anything in your own personal life. but it's very interesting for me to often hear how these guys and women answer questions that they're not really comfortable with. >> i will say this, does this matter? i think it matters, anything involving choosing a vice president inside politics, ittette goods how these candidates really think and make decisions which does matter for leadership and being in the white house. what is this about barack obama that he would never have replaced joe biden when he had these options. it may say loyalty. that's what it would have said about w. and george h.w. >> that's getting a little

tired. i have to tell you. nobody cares more about this process than the man who's going to be on the ticket with whoever they choose. >> excellent point. excellent point. >> good conversation. >> i don't know if there's sand that deep to bury your head in. >> you can always find it. coming up on "new day," just when you thought it couldn't get any worse, the underage kids sexting. the law -- >> you even hate the word, though. >> the law calls it kiddie porn. that's what the story is all about. dozens of kids may be in serious legal trouble this morning. we'll tell you why. also, we have this for you this morning. new york diversity problem. why have so few african-american women been part of "saturday night live"? we'll have the numbers and the take as well. really. i get bonuses even working part-time. where i work, over 400 people are promoted every day. healthcare starting under $40 a month.

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♪ i got the eye of the tiger

♪ the fighter ♪ dancing through the fire eye of the tiger, that's what katy perry has. we have the eye of the storm with indra petersons checking the forecast. where's it moving. >> we're seeing this moving into the northeast and mid-atlantic. we have severe thunderstorm watches up right now, including philadelphia, also just west of d.c. what are we talking about? winds as high as 70 miles per hour. of course some rain. the bigger story is wind. notice even if you're anywhere up to new england and mid-atlantic, we will be talking about winds as high as a good 50, 60 miles per hour. when you have wind, we had delays at the airports. these are significant. if you're trying to go to laguardia, we're talking about delays over three hours. you want to be calling ahead. philly, an hour and 54 minutes. pretty much a two-hour delay in that region. new york city gusting to 56. buffalo 55. that's what we're talking about in the forecast, the strong winds. you can see clearly, the system

is making its way off the eastern seaboard today. that's why we're seeing the warm, moist air. you felt the difference this morning. temperatures are really up there. behind it cool and dry air, meaning the rest of the country mild. one, two, three cold fronts slide through over the weekend. we talk about temperatures dropping down with highs just in the 40s by the time we get through sunday. big changes lay ahead for the weekend. michaela? >> thanks for keeping an eye on it for us, indra. we want to talk about a story that's not just a parental problem but a community problem. a controversial story out of san diego. teenagers, middle school and high school students could face criminal charges for child pornography. it's all tied to sexting. a dozen girls, ages 13 to 17 sent nude photos of themselves to their boyfriends, teens of the same age, those boys passed on the photos to other young friends. over two dozen students are now facing charges for sending those nude photos. investigators have linked six different high schools, they

won't name them, and one middle school to this sexting ring if you will. we have our legal panelist, jeffrey toobin, nischelle turner and john berman along with us. let's talk about the legality of this. is this overreaching to have these kids face child pornography charge? >> until the law if you transmit electronically pictures of underage -- >> doesn't matter how old you are. >> doesn't matter how old you are, you are potentially guilty of child pornography. one of the big themes in american law enforcement in recent years has been the incredibly heavy sentences given in child pornography cases. i think all of us, you know, you look at a story like this and you think this is typical teenage stupidity. these kids could be jeopardizing their lives for a very long time. >> unfortunately, this is not new. it doesn't make it any less troubling that, number one, they're taking these photos,

passing them around and could be facing characte ining charges. i wonder where the tipping point is culturally. parents need to get smarter or more involved i would argue. wouldn't you? >> yes. this type of story makes my skin crawl. i want to run and hide and have my kids put in a padded room and never come out. what can you do about it? talk to them about what's appropriate, not appropriate. >> stop giving them cell phones at 10, 12, 13 years old. >> first of all. >> they have cell phone plans that prevent -- parental controls that prevent photo sharing. that's another thing that could be done. >> sunny hostin was on the show the other day. she and i were talking about this. whenever her son sends a text message she gets it as well. he knows that, too. >> you know who's smarter than any cell phone plan? >> teenagers. >> as a woman i just want to take these little girls, hug them and say what are you doing?

how do we talk -- isn't that where we start? what makes a girl who's 13 years old think i'm going to take a naked picture of myself -- >> boys do it, too. >> are you in legal jeopardy if you send a picture of yourself or is it just the person that resends it? >> not as far as i know. i've never heard of a case like that. it's really about sending it along. but if you are 13 and you send a picture of someone else, you are potentially in legal jeopardy. you don't get a pass because you're young. >> should the girls get a pass in this situation? because they're the ones that essentially set off the firestorm. >> legally -- legally, i think they do get a pass. legally they get a pass. in terms of common sense, in terms of what their parents should say to them, they don't get a pass. >> it all started there. >> this is one of those situations that seems more confusing than i think it is when you give it a little bit of thought. this is a law that wasn't

intended for this. >> not at all. >> as jeffrey well knows, we had to go broad with laws with child pornography because it was rampant and we couldn't control it. what you're seeing is the application of a law to a situation where all the other systems have failed. you don't raise your kids right. you don't follow your kids. your kids aren't behaving in the ways they should. culture is dictating behavior that's dangerous. they wind up getting caught up in a situation that was not intended for them. is this the right fix? >> no. >> no, it's not the right fix. >> covering the supreme court, isn't that often kind of the issue before the justices, the fact that the law isn't or -- isn't necessarily keeping up with technology? that seems to be part of the discussion often on the bench. >> it is often on the bench. and there's also the broader question you were just mentioning, laws being used in situations that are not quite precisely what it was designed for. i think we all understand why child po are. nography l ographograph ographo

came into effect. this is somewhat different. but it is not legally all that different. the real variable here is the discretion that prosecutors have about whichications to bring. i would love to see these kids have the fear of god put into them. i would love to see them brought in and talk to cops whether they should be going to prison is a separate issue. >> scare the pants on the kids. >> there have to be repercussions but a teaching moment, larger discussion on the part of the schools, law enforcement, the families, et cetera. >> that's the hard thing. >> it is the hard thing. >> only these days, you know, the latin phrase in loco parentis, the law winds up taking up the slack for the parents. all you're left with is the law.

that was a dangerous situation. >> it wasn't too long ago that i had 16-year-old children. the idea you can tell them what to do on a computer and on their phones, it's a big challenge. >> it's a tough one. >> welcome to reality. >> here's my point. just because it's tough doesn't mean we shouldn't keep trying. >> i came from a strict household where my folks did not play and i did not even think about stuff like that. >> who said it was going to be easy? right now we're four minutes away from my 10-year-old losing her phone if she doesn't get on the bus on time. if you miss the bus, i will take that phone. i hope you're not watching this because you'll miss the bus. coming up on "new day" -- great discussion, thanks to all of you for it. six people, that's how many reportedly signed up for obama care on its first day. is that a crime? may be. on the second day, not many more. who do the numbers mean?

we have white house press secretary jay carney answering questions. and "saturday night live" has an african-american hosting the show tomorrow. shockingly, it's only the ninth time in 38 years that has happened. tune in sunday, 9:00 p.m. eastern and pacific for anthony bore -- bourdain. guess where he's going? japan. take a look. >> welcome to tokyo. you are not invited. this is the other tokyo. 12-hour flight and i'm baked. no sleep. might as well -- must go out. ♪

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welcome back to "new day" everyone. "saturday night live" has come under fire for its lack of diversity particularly among african-american women. there have only been four black female cast members and only eight co-hosts. kerry washington will be the ninth, that will be tomorrow. nischelle turner and john berman here to talk about this and much more. what is going on with this? >> first of all we should say there's only one nine hosts in 39 years, going into the 39th season this year, one of the problems. there's been a lot of talk about this lately, what's going on with "saturday night live," why have there been no black women on the show. black cast members saying when they were looking for black female cast members we couldn't find anyone who was "ready" but now the talk is you know what? we don't get it, and this is a problem, and with pop culture today the people leading pop culture, the beyonces, rihannas, the first lady is

african-american, why are there no african-american female on the cast, there are six new cast members, five of them are male, all of them are white. >> i can hear already somebody say why does it have to be about color? why is this a conversation? because of the point you just made if you're going to have a show about pop culture, you have to -- what are you going to put somebody in black face on? we already see how that went this week. >> what they do is the male actors have dressed up in drag and what makes it interesting this time is both these comedians, actored said we're not doing drag anymore, not going to dress up as black women so you have to address this problem, producers. >> i'm thinking back to the stories of some of the first female, period, cast members on "snl" and them talking about how that made waves and the problem even them getting on the cast. it's interesting. >> comedy does seem to be dominated by men but there are so many funny women out there. it's not like there aren't female comedians all over. >> jay farrell on the cast is

saying there are black women there. >> he gave them a list. >> darmir brunson is one of the women he says. off of the top of my head, tori hart is a funny woman, kim whitley, lonnie love, glozell extremely funny, accomplished, funny and ready for a situation like this. >> is it the cast or who gets to host? what is the issue? >> both. >> it's a bit of both, yes. there's only eight african-american women who hosted the show in 39 years, the ninth tomorrow with kerry washington. there's four cast members, three really principal players, one featured player fired midway through her first season so it's on both fronts. >> what is keenan's motivation as an african-american male to give a false answer as to why there haven't been more black females hosting? >> maybe it was his own opinion. >> exactly, but i know a lot of black female comedians who say you are absolutely wrong. >> to host.

which means they're not a professional comedian in almost every case. >> keenan started this debate they say but why has thn't had debate gone on sooner. >> "saturday night live" is a staple on television and a great show, all of us say i haven't watched a lot in the last few years it hasn't been that talking type of show in the forefront of pop culture in the last few years. it's coming back now because i think in part because of all of the stuff that's going on in washington, they've had a lot of meaty material and so we're starting to see it more, talk about it more and it's coming back to the forefront. >> given the face of america, i mean there's great diversity in america, asian, african-americans, latinos, there should be representation i think a lot of people are going to say on the show. >> they have their first iranian-american actor on the cast now, so i just feel like if you looked a little bit harder maybe you could find somebody.

>> just make sure they're the funniest ones because the show is about funny. got to be funny first. you know? interesting. we'll see where it goes and follow it along. coming up on "no day" -- "new day" today, "no day" friday. question, was joe biden really almost kicked off the ticket in 2012? why are those obama care sign-up numbers so low? what do they mean about the big line that's coming up? what about not being aware as president of the united states, is that real, overplayed? you're looking at the man who has the answers, white house press secretary jay carney, straight ahead.

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-- captions by vitac -- www.vitac.com #1 dentist recommended listerine®... happening now, a deadly storm system that's already ruined halloween for millions is on the move, creating travel chaos this morning, all across the east. secret plan, president obama's re-election team reportedly looked into replacing joe biden with hillary clinton. we asked the white house about it this morning. eight grade schoolers hospitalized after being exposed to too much axe body spray. some schools banned it. are kids using it too much? >> your "new day" continues right now. >> announcer: what you need to know -- >> shots fired, shots fired, i'm hit. >> announcer: what you just have to see. >> i thought i was going to die. >> announcer: this is "new day" with chris cuomo, kate bolduan and michaela pereira.

>> good morning and welcome back to "new day," everyone. it is friday, thank goodness, november 1st, 8:00 in the east. the east new this hour to say healthcare.gov got off to a slow start would be an understatement. we're learning now just how bad it was. we're going to talk to white house spokesman jay carney about damage control and also this, claims that a new book they say obama/biden 2012 could have been obama/clinton. >> how do we move forward and get past what's going on down there. >> and we'll talk to you about the mysterious death of kendrick johnson, a teenager found rolled up in a high school gym mat. federal prosecutors reopening and reviewing the investigation and an answer to kendrick's family's friends. will there be more answers after that? we'll take a look. >> cnn has been following the trial of a utah doctor on trial for murdering his wife.

martin macneill could see some of his old acquaintances in court today, inmates that macneill met in prison are set to testify against him. first this hour it's a wet and windy mess for many of you along the eastern u.s., strong winds ripping through philadelphia, buffalo, new york city, trees and power lines came down. indra petersons is tracking it for us. >> strong winds into the mid-atlantic and northeast. the damage we saw yesterday spreading through the ohio valley, 173 reports of wind damage and five tornadoes reported in louisiana and illinois. a massive storm moved through the midwest overnight wreaking havoc on halloween for millions and leaving at least two people dead in its path. heavy rain and strong winds as high as 40 miles per hour toppled tree after tree, even flipping these semis on their side in missouri, at least ten structures destroyed in northern arkansas, in central texas more

than 1,000 homes were evacuated as rivers and creeks overran their banks. the national weather service reported more than a foot of rain across the area. emergency lifeboats and helicopters rescued dozens stranded on rooftops. >> water came too fast. there wouldn't have been time to get the people out of the houses. >> hundreds of homes and cars left partially submerged. >> if they don't know how to cross that water it will get you in the ditch. >> reporter: in austin, rushing waters flooded the roadways. most drivers played it safe while others dang rulsly navigated through streets overtaken by floodwaters. >> we're pushing him out. >> reporter: even pushing vehicles stalled by the rapid currents. the iconic downtown statue up to its waist in water, symbolizes the immense power of this halloween storm, as this large cold front moves east today packing winds as high as 60 miles per hour it may snarl air travel and cause commuter headaches in major cities up and down the i-95 corridor. we're still talking about severe

thunderstorm watches including philadelphia also west of d.c., winds as high as 70 miles per hour, can be out there, also looking at even some strong winds running through all of new england, mid-atlantic, northeast are all talking about winds as high as 50 and 60 miles per hour and really gusting out there this morning so keep in mind if you're heading through laguardia we are talking about delays over three hours out towards philly, almost two-hour delays thanks to the strong winds throughout the region. as far as rain that's not the big story but we will still see a rainy day, one to two inches in the southeast and northeast about an inch. >> indra, thank you very much. we're going to talk to you about a glimmer of hope for grieving georgia parents. their 17-year-old son was found dead in january rolled up inside a high school gym mat. it was very curious for a lot of reasons. police ruled it quickly an accident. for nearly a year, the family has fought for a review of the case, suspecting foul play but wanting the right questions

asked. federal prosecutors are stepping in and it appears they'll finally get what they wanted. victor blackwell has been reporting on the story pushing for questions and hopefully he'll get some answers. he joins us from georgia. good morning, victor. >> reporter: good morning. two major developments over the past two days and possibly one more to come today or on monday. the johnsons never believed the official story their conkendrick went into a gym, climbed into a six-foot mat for his shoe, got stuck and died. they believed he was beaten, rolled up and put into the corner and the story about the shoe is a lie, that they believe it is a coverup. they've asked the u.s. attorney to look at this case and michael moore, the u.s. attorney for this region has said he would. he said "facts, not feelings and opinions no matter how sincere are the basis of a legal investigation." he knows a lot of people are passionate. he's falling in the foobi to ge the facts.

technical expert is retrieving almost 2,000 hours of video in and around the gym where kendrick was found dead. that's from a lawsuit filed by the johnsons as well as cnn. the coroner will make an announcement possibly today, more likely monday about his decision to open an inquest, the result of a second lawsuit by the johnsons. they want a court to force him to order this inquest. if the coroner gathers a jury of five people with one alternate and they determine that kendrick died as a result of a homicide and not an accident, as his death certificate reflects currently, no matter the opinion of the lowndes county sheriff's office, kendrick's death certificate will be changed to homicide and forwarded on to the district attorney and that will open a parallel local investigation as well. kate, back to you. >> this is a very developing story as we speak. victor, thank you so much for the update. let's talk more about this, now that the investigation will

be launched into the death of kendrick johnson what are the next steps? steve moore is here to tell us about it, a retired supervisor, special agent for the fbi joining us from washington this morning. >> good morning. >> steve, thank you for coming in. >> sure. >> a lot of moving parts with this investigation now being reopened. i think what many people will wonder is why is the u.s. attorney getting the fbi involved? what is the motivation? >> i think right now there could be several things. number one, there could be somebody on the side saying there's information that you, that the locals don't know that i want to give to you because i don't trust going to the locals with it, but more likely it's that they're after the trayvon martin case and because of this region, and some real strong concerns about whether certain people get justice. i think it's important that the united states attorney go in and answer questions about a crisis of confidence there. >> what are the next steps?

what should people be expecting? >> well you're going to have to go back through the autopsy step by step by step. >> that's confusing and conflicting just that element. >> that is immensely confusing because you're going to see certain things that will indicate a certain type of death, but they can also be consistent with a different type of death. for instance, like patikia, almost like bls somes come from a person mechanically asphyxiated, say they couldn't get a breath like they're saying down there, that could also happen if a person's been laid with their head far down after death, same kind of thing regardless of the cause of death. there are conflicting indications, even in the autopsy. >> so clear this up. so the fbi is now involved. they're going to be starting to look into this. does that necessarily mean though that there will be a federal crime, a federal crime, any federal jurisdiction here? >> no, excellent question.

i think again there's a crisis of confidence among people of color in that area, because of the trayvon martin case. the united states attorney, in my opinion, is going in with an abundance of caution to make sure that regardless of the outcome, it's been looked at carefully. you can't just have this many people say we're very concerned about this and ignore it and say oh, don't worry about it. i think they need to go in and think of this as a medical second opinion, somebody's coming in, and they're either going to side with the, not side, they're going to say that the evidence supports what the georgia authorities say or they're going to say they didn't get it right, and then they proceed from that point. >> how quickly do you think this will move? >> i this i it will move very quickly. this is something where the fbi is real good at moving resources around the country. they can put as many resources as they need on site immediately and i think this could be something that's being directed from where i am, washington.

i think the attorney general might be saying we have got to, we can't have another trayvon martin here. go down, find the true story, wherever the chips fall, we're going to come out and tell you the truth. >> of course, they made clear they're not going to pre-judge the outcome of the investigation but at least the family can take comfort in the fact the death of their son will be getting another look. >> they deserve that. >> steve moore great to see you as always. thanks so. >> good to see you. >> michaela? let's look at the headlines at this hour. biden out, clinton in? a new book quoted the "new york times" claims the obama campaign considered replacing vice president joe biden with hillary clinton on the 2012 ticket. top obama advisers researched whether the former first lady could boost the president's re-election chances. the book says it was determined she would not substantially help with voters and that is why biden stayed. ten schoolchildren from kansas safe after a scary bus crash. their school bus plunged off a

bridge into a creek flipping onto its side. the children were amazingly not injured, they managed to climb out through a hatch and were safely rescued. the bus driver was trapped for more than an hour before a swiftwater rescue team pulled him to safety. is he treated for hypothermia. the stepmom of a girl charged in a deadly cyberbullying case in florida is out of jiail. vivian vosburg was in jail on child abuse charges. she denies the charges. her stepdaughter is one of the two charged with bullying a 12-year-old girl leading to her suicide. a dangerous chase in michigan caught on camera, that car being driven by 22-year-old mom, her children are in the back seat. those children 1 and 2 years old. police say the mom sped away from the scene of a hit-and-run and led them on a high-speed chase. when she finally stopped it took three officers to subdue her.

she is in jail, her kids are okay and reportedly with their father. look at this billboard in hollywood sparking all intense debate shows a u.s. soldier embracing a muslim woman wi with #betogether. it is for snore prevention spray and pills of all things. the idea behind the ad is that the product keeps marriages together. provocative and not for what you think it might be. >> that is a head scratcher. >> as a result i don't get it. because for me it's got to be that obvious. >> if you have to think about it -- >> if i have to think about it forget it, calories burned, idea wasted. >> at least the calories are burned. >> exactly. coming up next on "new day," dramatic dash cam video, a hero police officer shot in the face and get this, she keeps pursuing the bad guys. we're going to tell you her story. we've been talking about the provocative questions, political

dish and this new book. was joe biden the vice president almost pushed off the ticket? was that a real thing going on and we have white house press secretary jay carney here, he'll talk about that and also the things that matter to you about what's going on with obama care, what's going on with spying. we'll get answers, coming up. [ male announcer ] if you can clear a crowd but not your nasal congestion, you may be muddling through allergies. try zyrtec-d®. powerful relief of nasal congestion and other allergy symptoms -- all in one pill. zyrtec-d®. at the pharmacy counter. many cereals say they're good for your heart, but did you know there's a cereal that's recommended by doctors? it's post shredded wheat. recommended by nine out of ten doctors to help reduce the risk of heart disease. post shredded wheat is made with only one ingredient: one hundred percent whole grain wheat,

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welcome back to "new day." a new book says vice president joe biden nearly knocked off the ticket ahead of the 2012 campaign and reports that despite huge amounts of hype

only six people signed up for obama care on its first day. lot to talk about. joining us to give us answers to pressing questions, white house press secretary mr. jay carney. thank you for joining us. >> chris, thanks for having me. >> let's start with dessert first, shall we? >> absolutely. >> this book, these reports about the vice president that there was due diligence being done, maybe hillary instead, you're aware of these. important perspective, coming from you. you work with the president now. you work with the vice president as director of communications. do you believe it? how true is it? >> two things, one, campaigns test everything. they run everything through the polls and focus groups, whatever proposition it is, they test it out. what matters here is i know for a fact that president obama never considered this, never thought about it, never entertained it. the vice president has been a partner of his from the 2008 campaign on, an excellent governing partner and excellent campaign partner so again, campaigns test everything but as

the book itself says this was never considered by the president. >> you think there will be surprises to the vice president in this book? >> no, i don't think so. again -- well, i haven't heard it. i've seen some reports about it, but look campaigns are filled with emotion and ups and downs and highs and lows but when it comes to this particular issue, do campaigns test things, the answer is yes but that doesn't mean they are seriously considered or in this case even entertained by the president. >> all right, and we know that there are a lot of people around who may have been entertaining it, that's the intrigue of politics. let's move on to the matters of the people's business at hand, jay. the numbers about early returns of who is signing up with obama care are terrible. that's just how it is, they're very low. the real question is how are you going to handle not getting to critical mass which is the key to making this affordable obama care, at fordable care act, that's at fordable piece, is this pool of coverage. what do you do if you don't get the numbers you need? >> first of all we are going to

get the numbers we need. we believe we're going to get the numbers we need. we have a six-month open enrollment period for that reason. the numbers cited in the reports are from notes and by definition, when you have a website that isn't functioning, you're going to have problems and we've owned up to that repeatedly. nobody is more upset than my boss, the president of the united states, with the fact that the website hasn't been working well. that's why he's made sure that we have really smart people, extra eyes, extra brains on this problem working 24 hours a day to improve the user experience. when it comes to low numbers early in the enrollment stage i think we have to look at massachusetts, which under governor romney introduced health care reform plan very similar to what the president is introduced here and in their first month of enrollment only 123 people enrolled for repremi paying plans in massachusetts. they had massive enrollment toward the end of the enrollment period.

we expected figures to be low, we were saying that before october 1st, obviously the website problems have made it worse but that's why we're working every day because the website is just a means to an end. the end here is getting affordable health insurance to americans who haven't had it in the past. >> i got a question/suggestion what you'll do to fix the website in a sect. tangential point is 5% of plans that may have to be switched over you don't get to keep your doctor, you don't get to keep your plan if you want to, playing on what the president's original promise was, plays out into millions and millions of people. is there a fix there that you're considering, are you considering having your side sit down with the republicans and come one a fix for those millions of people? >> sure. thank you for saying in the top there, we're talking about the only possibly affected population is 5% and so it's only a fraction of that 5% that is getting lelt letters from insurance companies saying your current plan doesn't meet minimum standards, you didn't have that plan prior to the passage of the affordable care

act so you can't be grandfathered in and have better options with better minimum benefits than exist now. >> they force a lot of things on people they may not need, maternity care for people who don't want it, levels of care for people who don't want it, they want the bare bones. does there need to be an adjustment, more expensive? >> first of all, what is very important is for everyone watching here, if you're a part of this small sliver of the population, you need to make sure you find out what your options are, because in so many cases many, many, if not most of the cases you're going to find out you get better insurance, better minimum coverage and at the same or lower cost because you'll qualify for a tax credit. if the argument is over whether or not there should be minimum standards for health insurance plans we absolutely believe there should be. that is the point. if you're a single male you may not need maternity coverage but you may need mental health services and you don't want your insurance company telling you in the fine print carved out an exception and won't cover the

very condition that you have. that's what the individual insurance market has been like for decades and what the affordable care act fixes so people have the security that they need and deserve, that's what the president wants and that's the goal here. we have a website not functioning properly but we can't forget what the end goal is, health security for the american people. >> the idea of how to fix the site, now this is a little bit of a segue but what's going on with the nsa and with spying? it seems like every day there's a new page of revelations about how they can figure out anything online, get anybody's information anywhere in the world whenever they want. are you using the best people, the people at the nsa to consult and help fix the obama care website? >> well, that's an interesting proposition, but i would say that we have brought some highly qualified experts to bear on the problem with the affordable care act website. those professionals in the national security agency and elsewhere in the intelligence community are focused on one

thing only, keeping americans safe and troops and diplomats abroad safe and keeping our allies safe. we need talent across the board. there's no question these revelations have caused some tensions in our relationships but i think the fundamental fact that the american people need to know is the national security agency is focused on foreign intelligence targets, those individuals and groups out there in the world who have as their primary focus doing harm to the american people, doing harm to our allies and they do a great job every day. >> isn't leadership on that issue then for the president to push off all of these attacks about spying and who we're spying on and whether it's right, if it's so important especially in a post 9/11 world, isn't the strength of leadership saying we spy, you may not like it, that's how it works. we're not going to reveal too much about this. think about it in the next election if you don't like it. the idea reviewing plans the president may say don't spy on certain people anymore, is that dangerous playing politics

instead of leadership? >> the president's been clear, our intelligence community is there for a reason because there are threats in the world against us and our allies and we have to meet the challenges but he also said over the past decade because of the explosion of technological advances, that have given our enemies new tools and us new tools we have a different world when it comes to intelligence gathering and it's absolutely appropriate that we review what we do so we can make sure we're not just doing what we can do because we're technologically capable of doing it but we get the intelligence we need to keep us and our allies safe. >> jay carney thank you for your time this morning. >> thank you, chris. >> kate, over to you. coming up next on "new day," a texas police officer is shot in the face during a routine traffic stop, but she wasn't about to let the suspect get away, if you can even believe it, her remarkable story is just a ahead. you've seen the ads for men's axe body spray, supposed

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and welcome back to "new day" on this friday. it's time for the 5 things to know for your "new day." at number one, much of our nation taking a hit from a massive storm system being blamed for at least two deaths in texas, today heavy wind is expected all along the east coast. a white house bombshell in a new book the "new york times" says the author of "double down"

reveals top obama aides considered taking vice president joe biden off the 2012 ticket and replacing him with hillary clinton. cnn learned cia security officers will testify before a house intelligence subcommittee, they are expected to give a more detailed explanation of the terror attack on the benghazi compound in libya that killed ambassador christopher stevens and three other americans last year. a harrowing ordeal and narrow escape after a school bus plunged off a bridge and into a creek. the children escaped unharmed and the driver is being treated for hypothermia. queue the duck boats the victory parade for the world series champion boston red sox being held tomorrow morning, the parade route is the same as 2004, when the sox won the first of their three world series in nine years. we update the five things to know, be sure to visit newdaycnn.com for the latest and freshest. >> thanks michaela. an amazing story to tell you about from texas, a police

officer going truly above and beyond and doing her job despite being shot in the middle of it all. cnn's pamela brown is here with much more. >> she is truly a hero. it was supposed to be a routine traffic stop saturday morning and it took a terrible turn, caught on dash cam video. today she is recovering from her injuries and pleading with the public to help find two suspects still on the loose. >> shots fired, shots fired. i'm hit. >> reporter: this dramatic dashcam video shows the terrifying moments after stafford police officer made a routine traffic stop 4:00 a.m. eig saturday. passenger pulls out his gun and shoots her twice according to police. >> i'm still conscious. >> reporter: one bullet hit her policest have, the other pierced her face. wounded and in serious pain, police say she managed to return fire before getting back in her car and pursuing the suspects in a high speed car chase.

>> we went over green briar on to trinity. >> reporter: despite her injuries, the former marine chased the suspects for seven minutes through the streets through houston. >> i was born to be a protector. always have been. >> reporter: ending when the three men in the car ran into an apartment building. the alleged 21-year-old shooter sergio rodriguez, was taken into custody. police say the other two men on the run are 28-year-old freddy henriquez, a suspected gang member considered to be armed and dangerous and a man who goes by the name daniel cruz. >> i'm hit twice. >> reporter: as kerrie zales got out of her cruiser other officers rushed to her aid. look closely you can see where the bull eight parentally went straight through her cheek. she was rushed to the hospital and now recovering at home with her family. >> i want to give myself some time to relax and kind of feel the beauty of life that i was blessed to have. >> incredibly on that note,

carrizales was well enough to go trick-or-treating with her kids last night. there is a $10,000 reward for each of the wanted men. if you have any information, you're asked to call crimestoppers of houston. just incredible though what a tough woman. >> remarkable. to think in that moment she had no idea how injured she was. she didn't know fortunately it hit me in the cheek. no idea. >> even with a bulletproof vest you can imagine how painful that was and she pursued these men for nearly ten minutes. incredible. >> pamela, great story p thank you so much. coming up on "new day" some of martin macneill's old friends return, the utah doctor on trial for murdering his wife. on the stand fellow inmates who say he told them incriminating things. what did he say? you've seen the ads, girls can't resist the guy wearing axe body spray. in the real world is might be strong enough to make your kids sick. we'll explain.

♪ ♪ ♪

so just after 8:30 there in the east, getting ready if you haven't left yet you want to know what's going on outside there's a lot of wind and weather out there. indra petersons is following it for us. >> big major storm across the ohio valley. if you're in philadelphia this morning you're seeing those winds kicking up, we still have the potential for winds as high as 70 miles per hour, and they're not the only ones, strong winds, not as strong as in philly are all the way through the northeast, new england again, all the way down even stretching to the carolinas, so gusts today as high as about 50 miles per hour. lot of you are already seeing these strong winds, so much so we are talking about air travel delays. laguardia right now seeing delays over three hours. philly almost about two-hour delays, thanks to the really

strong winds that are blowing out there. taking a look at some of the winds we are currently seeing, buffalo gusting to about 53 miles per hour, philly gusting to 35, new york city currently gusting to 33, boston same thing, strong winds, about 35 miles per hour. very easy to see though as you look across the country what's going on. you see that one system all this moisture making its way to the northeast, that system is trying to go offshore, also the reason it feels so warm today, getting the warm air filling in. this is going to change, all this cool and dry air behind it will start to fill in. look at the cold front as we go through the weekend. there are three of them, one, two, three, going right into the northeast, that is going to be very cold, arctic air into place. by the end of the weekend, even though you're talking about beautiful 70s today in new york city, looking for 71, boston 72, look at the drop. by sunday, your highs are just going to be in the upper 40s. that means your overnight low is 20s and 30s. so big change for the weekend. >> break out the big coat. >> every time i fly, don't fly

because three-hour delays, i'm flying today, mental note. >> you need to give us an alert next time so we can adjust our travel plans. >> upside maybe you get to use the cell phone and ipad. >> yay. the wil trid trial out of u the former utah doctor prosecutors say drugged and killed his wife to be with his mistress. they hope the latest people to take the stand can help corroborate that. here's cnn's ted rowlands. >> reporter: today dr. martin macneill to expect to see some old friends, four inmates he met in federal prison who are set to testify against him claiming he admitted to them that he killed his wife. their identities are being kept see vet for their protection. macneill's defense team says they're ready for them. >> every witness that we have in this case we obviously are prepared for. >> reporter: thursday the prosecution addressed its biggest hurdle, cause of death,

while they believe the doctor killed his wife, 50-year-old michelle mcneil, by drowning her in a bathtub after giving her a toxic combination of drugs, none of the three medical examiner reports ruled her death a some side. >> i did not feel that i could reach a conclusion of homicide. >> reporter: utah chief medical examiner dr. todd gray says michelle's cause of death was likely a combination of heart problems and drugs but thinks that the drug levels found in michelle macneill's body were too low to suggest an intentional overdose, but he did testify that it's technically possible that the prosecution's theory is correct. >> if you were to learn that the defendant here had told somebody or others that he had drugged up michelle macneill, would that scenario be consistent with how michelle macneill may have died here? >> yes, certainly it's possible. >> reporter: in addition, thursday, martin macneill's daughter, alexis, continued her

testimony. also a physician, she was suspicious from the beginning and pushed investigators to pursue a case against her father. >> i believe my father killed her. >> reporter: during cross-examination, defense attorney randall spencer used inconsistencies in statements over the years to imply that she and her sisters were lying to implicate their father. >> you've made up the story that you told today since this interview, haven't you? >> no, i have not. >> reporter: ted rowlands, cnn, provo, utah. >> tough talk to have with the daughter of the defendant. let's break it down now danny cevallos, cnn legal analyst and defense attorney and sunny hostin, cnn legal analyst, former federal prosecutor. tgif to you. sunny, thanks for being here, i can only safely assume that v vinnvi vinnie politan is hiding from me because of his my goodness campaign and the prosecution puts on their witnesses, their emmy witnesses and they're sayi their m.e. witnesses and say it

sounds like defense testimony going on. how did you see it in. >> i saw it the same exact way, chris. usually when the medical examiner testifies for the government, that's your day, that's the big day for the government, you usually bookend that testimony, you want to end on the medical examiner. i don't think i've seen a case where i've had three, not one, not two, but three medical exercises all say that it was either natural causes or perhaps heart disease plus toxicity, or even perhaps drowning, and none of them can say definitively this is a homicide in terms of its calls of death. it was a terrible day for the prosecution, and i think at this point what they really do need in a case like this, in a circumstantial case is they need a confession but not a confession necessarily to an inmate, to a jailhouse snitch and so i look at this case, vinnie, and i think possibly game over already. >> one you just called me vinnie. two -- >> did i? >> danny, you have a nice pocket

area but i don't know why you're confident. you yelled at the guy's daughter on the stand, you're calling her a liar and there are people you told that your client told that he did this. and even though they're coming from a jail, people want to believe that he did it, maybe sitting on that jury, how do you deal with that? >> that's the key. the people that he allegedly told are not his priest. they are not his psychiatrist. they are jailhouse snitches, and study after study shows that jailhouse snitches are not only incredibly unreliable, but they result in a lot of false convictions. think about it. these same people at a trial, their own trial, maybe a year before, the prosecution was talking about what a horrible lying person this jailhouse snitch was, that same prosecution put them in jail and now they're holding hands with them in another trial and talking about what a reliable witness they are. jailhouse snitches simply are not reliable. so the fact that they are telling the story, we can

evaluate the veracity, the validity of the story based on who is telling it and in this case the jailhouse snitches will not be able to overcome that bit of sound that we just heard from the m.e., which is it's certainly possible that that's how she died. expect to hear that again in closing. >> but you have to link it, the possibly goes to if you heard somebody say it. so now they bring the person on, danny cevallos and any good defense attorney, you're in jail, you're bad, you're liar but so is the defendant. you may have to quibble of character ordinarily you can say the defendant is so much a better person than the person bringing in from jail to talk about them but maybe that doesn't work here? thoughts? >> i've used jailhouse snitches before, used cooperators and informants in court. i disagree, some of them are

quite reliable. sometimes juries do believe them. my issue with this case is that you've got such a circumstantial case and you have these m.e.s that can't classify the death as a homicide, in a case like that, when you don't have any eyewitnesses to the alleged murder, you don't have anyone seeing him drug her, you don't have anyone seeing him drown her, you really do need a confession but a confession perhaps to a police officer, to an undercover detective, a confession to a jailhouse snitch, given the context of the evidence, i'm just not sure that it gets the prosecution where the prosecution needs to be in a first-degree murder case. they've got to prove intent. this is the highest of the highest bars, in homicide cases. i think possibly there's overcharging here. but they're pretty far away from a first-degree murder conviction in my opinion. >> they went for too harsh of a homicide for what they could prove intent beyond a reasonable

doubt and also where is the proof of killing her in the bathtub? somebody give me a good argument for what we've seen introduced at trial that goes in as proof how she died in the bathtub that comes to his hands? anybody got anything? >> i'll go further than that. the prosecution has to prove what we call corpus delecti. it's not enough to have a dead body. you have to prove the death was unnatural and beyond that the cause of criminality and beyond that the criminality was done by the doer, in this case the defendant. it's a really difficult burden in a case like this where you simply have an undetermined manner of death and the prosecution may never be able to get around that problem. >> and yet at the end of the day, when we talk about juries and nullification, it is always about whether or not they are able to see the proof for what it is, and you have a case here that is unlike any i've seen in quite some time, where there's going to be such motivation you have to believe by those jurors to want to find this man guilty.

imknow that's not their job but it's almost emotionally impossible that, sunny, let's end with you here, when they hear everything this man said, everything this man has done, that he's inconsistent about his stories about this situation, and if there's any really good chance that she died from an unnatural situation, it almost had to be him. could it be enough? >> yes, you know, i think it could be because they've painted him out to be such a bad guy. i mean what father has three of his daughters testify against him and one yesterday saying i believe my father did it. when you look at that, i think you may have that juror that says i've got to convict this guy. he's such a bad guy. he's had all of these affairs. his daughters hate him. he's not a good guy. he's probably guilty, but that in my view is not how our system is supposed to work. that's really not enough. probably guilty is not guilt beyond a reasonable doubt. >> sunny hostin, thank you and thank you for the huge compliment, confusing me with

vinnie, is he a handsome and intelligent man. danny, cevallos, neither of us are as good looking as you are. this is an intriguing case, someone whose character makes them one kind of person but can you prove it? you only know what you show in court. coming up, axe body spray is supposed to make men irresistible but could it make your kids sick? that is next. [ male announcer ] it's simple physics... a body at rest tends to stay at rest...

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♪ if i could turn back time here is your first official reminder we fall back this sunday at 2:00 a.m., don't set your alarm. the extra hour of daylight saving time can bring us problems as light as grumpiness and serious as depression. we bring in a family physician joining us from philadelphia this morning, good morning to you, doctor. >> good morning. >> some of us think yea, we get to lie in bed, a little extra time. you're saying that hour and doing that could hurt us in the long run. explain that. >> well, i think you're absolutely right, michaela. some people think we get that extra hour so we can just chill a little bit here or stay out later there. the most important thing is to stick to a schedule. going to bed at the same time, getting up at the same time, that's right, because even though we have an extra hour of

sleep, sticking to a schedule really is going to allow us to still maintain optimize by our sleep. that's what we want to do. >> you talked to us before about the good sleep hygiene. stress that importance to us. >> right. so sleep hygiene really is this idea of making our living environment conducive to us sleeping the best we can. couple things to keep in mind. i mentioned the importance of going to bed at the same time and waking up at the same time, that's important so keep that schedule. other things we can do at home, make sure we're avoiding caffeine and large meals right before bedtime. that really disrupts our sleep patterns. there's a couple of other things also. exercise as a physician i always want my patients to exercise but not before bedtime because this could keep you awake as well. make sure that your bedroom is conducive to sleeping, that the temperature is not too warm, nice and cool,' temperate and also make sure we're turning off the phones, turning off the

television and the computers, because we really want to get our mind geared up and ready to rest. >> no tweeting before bed? okay, so says the doctor. we want to turn to another topic on a slightly different note a report out of brooklyn, eight sixth graders were hospitalized, two sent to the doctor after axe body spray was sprayed in a classroom. what do you make of this? this sounds a little surprising to some of us, i think. >> well, i can understand that, but you know, this is absolutely happen. remember that many people have allergic reactions or problematic responses to things like perfumes, to strong odors, to even fumes especially when they're contained and there's not a lot of ventilation. >> to send you to the hospital? >> this can absolutely happen. >> yes, and let me explain why. i have patients that have strong reactions to perfumes. when we inhale perfumes, odor, not only does it get into the respiratory tract and can cause

irritation there but some people also have an allergic reaction. this can cause lots of symptoms, we're talking cough and shortness of breath, things like that and some people have even very severe reactions that yes can send them to the hospital. so this is not entirely surprising that we don't always know why people are affected differently, but they certainly can be and yes, some people have very strong reactions to certain odors. >> unilever said we're committed to encouraging safe and proper use. we encourage our users to use the products appropriately and responsibly. it's improper use, is that an issue here or do they have to look at the contents of this spray? >> i think both actually needs to happen. i think that it's of course important for consumers to use products properly. that goes without saying. but i think that when it comes to a number of allergic reactions or problematic reactions, problems breathing, cough, wheeze, shortness of breath we should be looking at

it, that's to be said. i think it goes on both sides. it's really important for the consumer. look, patients out there, if you know that you have major allergies to substances, you really got to pay attention to that and avoid them. >> dr. jennifer caudle from philadelphia, a family fission, thank you so much. coming up on the show, she's a cnn hero doing all she can to help foster children have a better life. you'll want to hear the story, perfect for a friday, when we come back. rd from capital one. it's not the "limit the cash i earn every month" card. it's not the "i only earn decent rewards at the gas station" card. it's the no-games, no-signing up, everyday-rewarding, kung-fu-fighting, silver-lightning-in-a-bottle, bringing-home-the-bacon cash back card. this is the quicksilver card from capital one. unlimited 1.5% cash back on every purchase, everywhere, every single day. so ask yourself, what's in your wallet?

when ouwe got a subaru.s born, it's where she said her first word. (little girl) no! saw her first day of school. (little girl) bye bye! made a best friend forever. the back seat of my subaru is where she grew up. what? (announcer) the subaru forester. (girl) what? (announcer) motor trend's two thousand fourteen sport utility of the year. love. it's what makes a subaru, a subaru. welcome back to "new day" everyone. hee is one of the top ten cnn heroes of 2013, daniel gleto

working to make the lives of foster children better. take a look. >> when i became a foster parent, i realized a lot of these children decide that it's not worth wishing anymore, because it isn't going to happen. people have made promises to them that they haven't kept. do you want to check any of the babies? >> sure. >> everything is brand new. i thought how do we give them the feeling that people are out there that care about you, even if you've never met them. my name is danielle gletow and i helped make wishes come true for thousands of foster children across the country. working and auditioning for a play he needs the radio in order to practice with his audition cd. wishes are as unique as the children who make them and so personal. isn't that beautiful? >> yes. >> these small things make an enormous difference in the life of a child. it's really just a kid being a

kid. >> this looks awesome. >> when a child's wish is granted we are reassuring them that their voices are being heard. >> i love you, evie. >> and we need to all step up and do that. >> beautiful. >> that is it for us this morning. take it away, are kohcarol. >> thanks so much. have a great weekend. "newsroom" starts now. -- captions by vitac -- www.vitac.com happening how in "the newsroom," november roars in. halloween havoc as a massive storm hammers millions from maine to texas. >> the water came too fast. there wouldn't have been time to get people out of their houses. >> reporter: people plucked from rooftops. this morning the storm marches east. also foot cut. >> i just learn how to survive. millions of americans who use foot sta